Dablu Alias Love v. State of U.P. Thru. Home Deptt. Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8743 of 2023 Petitioner :- Dablu Alias Love Respondent :- State Of U.P. Thru. Home Deptt. Civil Sectt. Lko And Others Counsel for Petitioner :- Amarjeet Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of the State Respondents.

¶2This petition has been filed with the following main prayers:- "(i) ISSUE a writ or direction in the nature of Certiorari to quash the impugned First Information Report dated 07.10.2023 lodged at Police Station Phardhan, District Kheri, registered as Crime No. 470/2023 under Section 306 of the IPC, contained in annexure no.1.

(ii) ISSUE a writ, order or direction in the nature of Mandamus commanding and directing the opposite party no.3 not to arrest the petitioner in connection with First Information Report dated 07.10.2023 lodged at Police Station Phardhan, District Kheri, registered as Crime No. 470/2023 under Section 306 of the IPC, contained in annexure no.1, during the pendency of the writ petition."

¶3It has been submitted by the learned counsel for the petitioner that the only allegation against the petitioner in the impugned F.I.R. is that he was present in the house where the deceased had gone to give money to one Bhola.

¶4This Court has perused the F.I.R. and finds that the petitioner is the grandson of Bhola, who was extorting money from the deceased.

¶5This Court also finds a cognizable offence to be made out from the perusal of the impugned F.I.R. and there is no good ground to show interference in the impugned F.I.R.

¶6The writ petition stands dismissed. Order Date :- 9.11.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench